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Page 39
Germany 1949 (rev. 2012)
Article 87e: [Rail transport administration]
1.
Rail transport with respect to federal railways shall
be administered by federal
authorities. Responsibilities for rail transport administration may be delegated
by a federal law to the Länder acting in their own right.
•
Subsidiary unit government
2.
The Federation shall discharge rail transport administration responsibilities
assigned
to it by a federal law, above and beyond those regarding federal
railways.
3.
Federal railways shall be operated as enterprises under private law. They shall
remain the property of the Federation to the extent that their activities embrace
the
construction, maintenance and operation of the tracks. The transfer of
federal shares in these enterprises under the second sentence of this paragraph
shall be effected pursuant to a law; the Federation shall
retain a majority of the
shares. Details shall be regulated by a federal law.
4.
The Federation shall ensure that in developing and maintaining the federal
railway system as well as in offering services over this system, other than local
passenger
services, due account is taken of the interests and especially the
transportation needs of the public. Details shall be regulated by a federal law.
5.
Laws enacted pursuant to paragraphs (1) to (4) of this Article shall require the
consent of the Bundesrat. The consent of the Bundesrat shall also be required
for
laws regarding the dissolution, merger or division of federal railway
enterprises, the transfer of tracks of federal railways to third parties, or the
abandonment of such tracks, or affecting local passenger services.
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